Tells court agents had sex in public, punched witness

A key prosecution witness against two U.S. Border Patrol agents accused of groping one another and engaging in oral sex in the grandstand during a Cirque du Soleil performance at the Del Mar Fairgrounds asked a judge for a protective order against the agents Wednesday.

Lt. Chai Wu, a psychiatrist for the U.S. Navy, testified that when she and her husband asked agents Kallie Helwig and Gerald Torello to stop, Torello gave a nearby child a high-five as the couple continued their intimacy. Wu also said she worried for the safety of her family because Helwig attacked her after she drew attention to the couple.

San Diego County sheriff's deputies arrested Helwig after the May 27 circus show on suspicion of misdemeanor assault and Torello on suspicion of public intoxication. The agents were off-duty at the time.

The two were cited and released after being held for a few hours at the Encinitas sheriff's station, sheriff's Lt. Kenn Nelson told the North County Times in June.

Vista Superior Court Judge Daniel Goldstein was expected to rule on the protective order on Thursday.

At a Wednesday court hearing, Wu said she and her husband first noticed something was wrong during the show's intermission.

Wu testified Wednesday that she saw a couple, later identified as Helwig and Torello, kissing outside of the performance. Helwig had her hand down Torello's pants, Wu said.

When the show resumed, Wu and her husband went back to their seats and the two off-duty agents sat next to Wu's husband, she testified.

Within about 15 minutes, Wu said her husband suddenly began bumping into her. She looked over and realized Helwig and Torello were moving about so vigorously that they were knocking against Wu's husband, she testified.

Meanwhile, two young boys were seated directly in front of the agents, Wu said.

Wu said she and her husband asked them to stop. Instead, Torello cracked a joke and high-fived one of the boys sitting in front of him, Wu testified.

Wu said she alerted the boys' father, who moved the boys away from the couple and left to alert security. Wu then used her smartphone strobe light to try to get an usher's attention.

As Wu began attracting attention to the scene, the couple stopped, she said. After the show, Helwig and Torello were waiting by the exit, staring at her.

Wu said as she and her husband walked toward the exit, she heard Torello tell Helwig, "You can take her, babe. I've got your back."

Helwig then punched Wu three times in the face, the psychiatrist testified. Wu grabbed Helwig's hair and pulled her close in an attempt to keep her from throwing more punches or getting away, she said.

"I had never been punched in the face before," Wu said. When she found out they were Border Patrol agents, Wu said, "my heart dropped. (I wondered) am I safe? Is my family safe?"